3714.09
Health district approved list.

(A)
The director of environmental protection
shall place each health district that is on the approved list under division
(A) or (B) of section
3734.08 of the Revised Code on the
approved list for the purposes of issuing permits to install and licenses under
this chapter. Any survey or resurvey of any such health district conducted
under section
3734.08 of the Revised Code shall
also determine whether there is substantial compliance with this chapter. If
the director removes any such health district from the approved list under
division (B) of that section, the director shall also remove the health
district from the approved list under this division and shall administer and
enforce this chapter in the health district until the health district is placed
on the approved list under division (B) of section
3734.08 of the Revised Code or
division (B)(1) of this section.

(1)
Upon
the request of the board of health of a health district that is not on the
approved list under division (A) or (B) of section
3734.08 of the Revised Code, the
director may place the board on the approved list for the purpose of permitting
and licensing construction and demolition debris facilities under this chapter
if the director determines that the board is both capable of and willing to
enforce all of the applicable requirements of this chapter and rules adopted
under it.

(2)
The director shall
annually survey each health district on the approved list under division (B)(1)
of this section to determine whether there is substantial compliance with this
chapter and rules adopted under it. Upon determining that there is substantial
compliance, the director shall place the health district on the approved list
under that division. The director shall make a resurvey when in the director's
opinion a resurvey is necessary and shall remove from the approved list under
division (B)(1) of this section any health district not substantially complying
with this chapter and rules adopted under it.

(3)
If, after a survey or resurvey is made
under division (B)(2) of this section, the director determines that a health
district is not eligible to be placed on the approved list or to continue on
that list, the director shall certify that fact to the board of health of the
health district and shall administer and enforce this chapter and rules adopted
under it in the health district until such time as the health district is
placed on the approved list.

(4)
Whenever the director is required to administer and enforce this chapter in any
health district under division (A) or (B)(3) of this section, the director is
hereby vested with all of the authority and all the duties granted to or
imposed upon a board of health under this chapter and rules adopted under it
within the health district. All disposal fees required to be paid to a board of
health by section
3714.07 of the Revised Code and
all such previous fees paid to the board, together with any money from
construction and demolition debris facility license fees that were required to
be paid to the board under section
3714.07 of the Revised Code as
that section existed prior to April 15, 2005, that have not been expended or
encumbered shall be paid to the director and deposited by the director to the
credit of the construction and demolition debris facility oversight fund
created in section
3714.07 of the Revised Code.

(C)
Nothing in this
chapter limits the authority of the director to initiate and pursue any
administrative remedy or to request the attorney general, the prosecuting
attorney of the appropriate county, or the city director of law of the
appropriate city to initiate and pursue any appropriate judicial remedy
available under this chapter to enforce any provision of this chapter and any
rules or terms or conditions of any permit or license or order adopted or
issued under this chapter with respect to any construction and demolition
debris facility regardless of whether the facility is located in a health
district that is on the approved list under this section.